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HomeMy WebLinkAbout95-81 Resolution No. 95-81 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN CHAPTER HOG OWNER' S GROUP, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Heiwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin Chapter HOG Owner' s Group, Inc. for the adopt-a-highway program, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: April 12 , 1995 Adopted: April 12, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This agreement is made and entered into this 07'f' day of ,( , 1995, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and the Elgin Chapter HOG Owner' s Group, Inc. , a not for profit organization, (hereinafter referred to as "HOG" ) . WHEREAS, the City has determined it to be in its best interests to enter into an agreement with HOG pursuant to Illinois Compiled Statutes, 605 ILCS 120/1, et seq. , commonly known as the Illinois Adopt-a-Highway Act; and WHEREAS, the City has determined it to be in the best interest of its citizens to maintain clean and attractive high- ways . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as fol- lows : 1 . Definitions as used herein shall be those used at Illinois Compiled Statutes, 605 ILCS 120/10, (hereinafter re- ferred to as "Act" ) . 2 . This agreement is made and entered into pursuant to the terms of the Act. In the event of any omissions or ambiguity of any of the provisions of this agreement, the terms of the Act shall apply. 3 . This agreement shall terminate two years after the execution date entered above. 4 . HOG shall collect litter along an adopted section as defined in the Act no less than four times in each twelve month period, or as directed by the director, as defined by the Act. • 5 . HOG shall provide ten days written notice, or notice as directed in writing by the director, to the director prior to any litter collection. 6 . HOG shall require, and hereby agree, that each of their members shall wear, in its intended manner, any safety apparel provided by City while collecting litter. 7 . HOG shall prohibit, and shall be responsible for failure to prohibit, its members from possessing, consuming or being under the influence of alcohol or any drugs while on an adopted section. 8. HOG shall maintain and made available a first-aid kit and adequate supply of drinking water for its members during each litter collection. 9 . HOG shall not subcontract or otherwise assign or delegate its responsibilities or duties pursuant hereto, to any other group or person or permit any other group or person to perform such responsibilities or duties . 10 . HOG shall place all collected litter in bags provided by City, and shall place filled bags at a location on the adopted section as designated by the director. 11. HOG shall conduct, through a group coordinator or designee, group safety meetings and shall require its members to receive safety training as directed by City. 2 12 . HOG shall obey and abide by all laws, regulations and ordinances, including, but not limited to, those relating to safety, and shall adhere to all other safety directives as may be provided by City. 13 . HOG shall provide at least one supervisor no less than twenty-one (21) years of age for each five (5) persons under the age of eighteen ( 18) who are present on an adopted section at any time. 14 . HOG shall not allow any person under the age of thirteen ( 13) to participate in any litter collection. 15 . HOG shall require each of its members to attend a safety meeting conducted by HOG prior to any member participat- ing in any litter collection. 16 . HOG shall hold harmless and indemnify the City, its agents, employees and assigns from and against any and all claims for damages, causes of action, suits, or any other liability resulting from or arising out of the performance of this agreement, specifically including, but not limited to, any such claims for damages, causes of action, suits or any other liability resulting from any negligent acts or omissions by City, its agents, employees or assigns . 17 . City shall determine the specific section of right-of-way which shall be adopted by HOG. 18 . City shall erect a sign which shall conform to the requirements of Section 35 of the Act at each end of the adopted section, which signs shall display the name or acronym of HOG. 19 . City shall provide bags to HOG. 3 20 . City shall provide any safety apparel or signs to HOG which City may deem necessary or desirable within its sole discretion. 21 . City shall remove filled bags from the adopted section as soon as practical after litter collection has oc- curred, and shall otherwise remove litter from any adopted section only under circumstances involving unusually large, heavy or hazardous items . 22 . City may terminate this agreement in the event of a breach of any of the terms contained herein, or if City deter- mines that HOG involvement in this agreement is inconsistent with any restrictions or limitations established by City, upon written notice. 23 . This agreement represents the entire agreement between the parties hereto. No oral representations, promises, terms or agreements have been made, and any such representa- tions, promises, terms or agreements shall be of no force and effect. 24 . If any of the terms of this agreement conflict with any of the terms of any other written agreement between the parties hereto, the terms of this agreement shall apply. 25 . The terms of this agreement shall be considered severable. If any of the terms or provisions contained herein are found to be void, illegal or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. 4 26 . This agreement shall not be deemed to constitute an employment relationship, joint venture or partnership between the parties hereto. 27 . The agreement shall be subject to and governed by the laws of the State of Illinois . 28 . Section Involved: Route 19 , from Liberty Street to Woodview Drive. CITY OF ELGIN By City Manager At est: C ty Clerk (Seal) By ."°<o % Elgin Chapter HOG Owner' s roup, Inc . Its Pec-i-OK Officer 5 �n /„ Agenda Item No . :9 Ze \tie n i March 10, 1995 TO: Mayor and Members of the City Council • FROM: Richard B. Helwig, City Manager SUBJECT: Adopt-A-Highway Agreements with IDOT, City of Elgin and Elgin Harley Owners Group PURPOSE To provide the Mayor and members of the City Council with information to consider authorizing the Elgin Harley Owners Group to adopt a section of state highway in Elgin, under the sponsoring jurisdiction of the City of Elgin. BACKGROUND The State of Illinois passed legislation in 1992 allowing private citizens to support local anti-litter efforts by allowing groups to adopt a section of highway for the purpose of litter collection. The City was contacted by the Elgin Harley Owners Group. They proposed adopting Route 19, from Liberty Street to Woodview Drive. An agreement with IDOT is required and a copy is attached for your consideration. The Mayor's signature is required on behalf of the City. An agreement between the City and the Elgin Harley Owners Group is also attached for your considera- tion. This agreement requires the signature of the City Manager. The Adopt-A-Highway program has been successful in Illinois, as well as throughout many states in the nation. We believe this program greatly improves the quality of life in our community. This is the sixth agreement to be processed per the attached summary sheet which provides a status report on the overall program in Elgin. .4 - Mayor and Members of the City Council March 15, 1995 elk Page 2 The City will be obligated to install signs at each end of the adopted section with the name of the group displayed. The City will provide trash bags, safety vests and safety train- ing. The City will collect the bags of trash four times each year. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The estimated cost is $500 per year. Funds are available and would be charged to Account Numbers 010-3321-753 . 19-08 for two signs and 010-3331-754 . 33-02 for disposal . LEGAL IMPACT None. RECOMMENDATION CIt is recommended that the City Council authorize the Mayor to execute the Adopt-A-Highway agreement between the City and IDOT, as well as for the City Manager to execute the agreement between the City and the Elgin Harley Owners Group. R spectfull js mi ted, Gly / QIof James L. Kristiansen Public Works Director Ric and B. Helwig J City Manager RBH:GWM:mg Attachments C 41 • - 07-Mar-95 - r CITY OF ELGIN ADOPT-A-HIGHWAY U PROGRAM U GROUP BLUE- .. BAHM ELGIN A.M. NOON ZONTA CLUB ? ELGIN HARLEY NAME KNIGHTS COMM. ROTARY CLUB KIWANIS • OF ELGIN • OWNERS GROUP CONTACT * PHONE# ED UFLAND BARB TRESE DWAIN TATARYN BOB BRONSKI DOLORES ZIMMERMAN ALICE KRAMER 695-1975 742-6692 888-8600 888-0747 931-1606 931-6060 ADDRESS 105 S. LYLE AVE 2116 ROSE CT. 3 CRESCENT ST. 45 BUNKER HILL AVE. 619 E. Chicago St. E.P.D. #3, ELGIN, IL 60123 SCHAUMBURG, IL 60194 ELGIN, IL 60123 S. ELGIN ,IL 60177 ELGIN,IL 60120 SECTION ROUTE 31-20 ROUTE 25- ROUTE 31- ROUTE 58- ROUTE 19- BY PASS TO ROUTE 31-190 BRANDT TO SOO R.R. TO HIAWATHA TO LIBERTY TO S. CITY LIMITS TO SOO R.R. CONGDON KIMBALL E. CITY LIMITS WOODVIEW DATE _ REQUESTED 7-'93 9- '93 2- '94 5-'94 3-'94 4- '94 CITY 8- '93 10- '93 4- '94 7-'94 8-'94 PERIOD 8- '95 10- '95 4- '96 7-'96 8-'96 IDOT 5- '93 10- '93 1- '94 7-'94 8-'94 VINOD 5- 95 10- '95 1- '96 7-'96 8-'96 ik NTNG DATE 2-1-94 4-25-94 5-26-94 9-27-94 8-23-94 '#OF BAGS 25 75 25 25 35 #OF VESTS 13 13 15 15 15 DATES COLLECTED 1 4-24-94 5-22-94 9-18-94 11-6-94 10-23-94 5 Begs 12 Bags _ 5 Begs 28 Bags 5 Bags 2 6-26-94 7-10-94 2 Begs 13 Bags 3 9-18-94 8-28-94 2 Begs 15 Begs 4 11-06-94 10-23-94 2 Begs 20 Begs 5 7 ' 8 9 ' 10 11 rikT2- - ADPTHWAY.W82